Nevada Divorce Laws

Steps to divorce in Nevada that spouses need to go through may differ depending on the type of the case. To understand them and prepare the correct dissolution of marriage forms, all couples who have decided to terminate their marital relations should familiarize themselves with divorce laws in Nevada.

Some Nevada divorce laws can be complicated and confusing. In this article, we will present general information about the requirements and rules for the dissolution of marriage process that will help you navigate it more efficiently. We will also discuss the divorce laws in Nevada that you need to follow in a contested or uncontested dissolution of marriage.

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Nevada Divorce Requirements

Whether you file for contested or uncontested dissolution of marriage, you should meet the basic Nevada divorce requirements. They are specified by NV divorce laws and must be completed in time so that the case is not dismissed.

Before you submit the dissolution of marriage forms with the clerk’s office, you should:

  1. Check the Nevada divorce laws to determine which of the grounds for marriage dissolution is appropriate for your case and prepare any necessary documents to prove the stated reason, if required.
  2. Discuss with your spouse the dissolutionment of marriage terms and the method of filing with the court. State law recognizes several ways to go through the process, namely contested or uncontested divorce procedures, depending on whether you have child-related or property division disputes.
  3. Collect information on joint and separate assets, liabilities, and tax returns to determine the terms of their division in a Joint Petition or by court order.
  4. Prepare a request to the court to issue any temporary orders if there is a possibility that the defendant’s behavior during the process will lead to negative financial or other consequences for the plaintiff or children involved.
  5. Complete a set of forms for dissolution of marriage in Nevada required for your case. Their list will differ depending on your specific situation.
  6. Determine the county where you will submit papers for dissolution of marriage. In some counties, e-filing is available, while in others, it is mandatory.

In the next section, we will detail the main excerpts from NV divorce laws.

What Are the Divorce Laws in Nevada?

NV divorce laws specify residency requirements, grounds for dissolution of marriage, and aspects of the process based on the case type. If you plan to end your marriage and are interested in “What are the divorce laws in Nevada?”, it is worth saying that the main one is NV REV ST.

Starting the procedure, you should take into account the following divorce laws in Nevada:

  1. There are three reasons for dissolutionment of marriage within the state. They can be an incompatibility between spouses, insanity of either party lasting 2 years before you file for divorce, and living without cohabitation for 1 year (NV REV ST 125.010).
  2. A petitioner must submit the prepared dissolution of marriage forms to the clerk’s office in the county where either spouse lives, the reason for the divorce has appeared, or the spouses last resided together as a married couple (NV REV ST 125.020).
  3. You or your spouse must be a resident of Nevada for at least 6 weeks before you file a Joint Petition or a Complaint for Divorce (NV REV ST 125.020).
  4. If either spouse does not have a sufficient level of income to support their needs, the judge may order the party with higher revenue to pay alimony. When making a decision, the court will consider the spouses’ age, health, financial status, length of marriage, and other factors defined by NV divorce laws (NV REV ST 125.150).
  5. If you have an uncontested dissolution of marriage, you may file a Joint Petition for Divorce under a simplified procedure on the grounds of incompatibility or separate cohabitation within one year. You can do so if you meet the requirements specified in NV REV ST 125.181.
  6. Before the court issues the decision on divorce under the summary procedure, you can revoke the Petition anytime and stop the process. You will need to file a notice of revocation in the clerk’s office in the county where the Joint Petition was accepted for consideration (NV REV ST 125.183).

Understanding the basic divorce laws in Nevada will help you avoid complicating and delaying the case.      

Divorce Laws in Nevada for Infidelity

Given that only 3 no-fault reasons for dissolutionment of marriage are recognized within the state, there are no divorce laws in Nevada for infidelity that would provide for any punishment for an unfaithful spouse (NV REV ST 125.010).

NV divorce laws clearly define that you can file for a contested or uncontested dissolution of marriage on one of the grounds that are not based on the fault of the parties. It means that while completing the necessary dissolution of marriage forms, you will not need to prepare any additional papers or collect evidence to prove that the behavior of your spouse led to the marriage breakdown.

Divorce laws in Nevada do not oblige the judge to take into account the fact of adultery when making a decision on the dissolution of marriage and determining alimony and child custody terms. The only exception can be a situation when a spouse spent the marital property on sponsoring their affair. In this case, the court may decide to compensate the other party for the incurred financial loss with some part of joint assets. If infidelity has any negative impact on children, it can potentially affect the court’s decision on custody terms.  


To determine the requirements and steps of the divorce process, you should check the Nevada Revised Statutes. This collection of laws guides the marriage dissolution within the state.

No, there are no fault-based grounds. You can file with the court only under three legal reasons recognized by the divorce laws in Nevada, none of which is related to either spouse’s fault.

When filing for summary divorce, spouses can agree on the division of marital property themselves. If there are any disagreements about how to share the joint ownership, the judge will probably divide it equally between spouses.

You do not need to be separated for some time to file for marriage dissolution based on incompatibility or insanity of either spouse. However, if you choose to state separate residence as grounds for divorce, NV divorce laws require you to live apart from your spouse for at least a year.

You can obtain an annulment only under specific reasons that make the marriage invalid, such as the insanity of either spouse or the fact they could not understand what they were doing at the time of marriage registration, fraud, bigamy, consanguinity, and lack of parental or guardian consent to marriage for spouses under 18.